Terms of service

Terms & Conditions of Supply

This page (together with our Privacy Policy, Refund & Returns Policy, and Shipping Policy) tells you information about us and the legal terms and conditions ("Terms") on which we sell the products ("Products") listed on our website ("our site") to you.
These Terms apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully before ordering. Before placing an order you will be asked to agree to these Terms; if you do not accept them, you will not be able to order Products from our site. You should print or save a copy of these Terms for future reference. These Terms and any Contract between us are only in the English language.

1. Information About Us
1.1 We operate the website sparkbydesigns.com ("our site"). We are NexusCognito Limited, a company registered in England and Wales under company number 16496525, trading as SparkByDesigns.
1.2 We supply Products for domestic and private use only. You agree not to use Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
1.3 Contacting us: you can reach our Customer Services team via the Help Centre on our site. To cancel a Contract under clause 8, simply notify us of your decision via the Help Centre (you may use the model cancellation form on our site, but you do not have to). Your cancellation is effective from the date you send the notification. If we need to contact you or give you notice in writing, we will do so by email or pre-paid post to the details you provided with your order.

2. Our Products
2.1 Images of the Products on our site are for illustrative purposes only. Although we make every effort to display colours accurately, we cannot guarantee that your device's display accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on our site.
2.3 We try to keep Product descriptions, pricing and specifications accurate, but specifications may change and we reserve the right to withdraw or substitute items where necessary. Products are subject to availability while stocks last.

3. Use of Our Site
Your use of our site is governed by our Terms of Website Use and Acceptable Use Policy. Please take the time to read these.

4. How We Use Your Personal Information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read it. We may share order, delivery and payment information with fraud-prevention services, payment providers and carriers for the purposes set out in clause 15 and in our Privacy Policy.

5. Age Restrictions
5.1 You may only purchase Products from our site if you are at least 16 years old.
5.2 Certain Products can only be purchased if you satisfy the legal age requirement of 18 for that product. We are not permitted by law to supply these Products to you otherwise. Items marked "Age Restricted Item" are not for sale to people under 18. By ordering these Products, you declare that you are 18 or over. We reserve the right to request proof of age and to cancel any order where satisfactory proof is not provided.

6. How the Contract Is Formed
6.1 Our shopping pages guide you through placing an order and allow you to check and amend errors before submitting. Please check your order carefully at each step. You are responsible for ensuring your delivery address and contact details are complete and accurate.
6.2 After you place an order, you will receive an email acknowledging that we have received it. This does not mean your order has been accepted.
6.3 Our acceptance of your order takes place when we email you confirming that the Products have been dispatched ("Dispatch Confirmation"). The Contract is formed only when we send the Dispatch Confirmation.
6.4 Products are subject to availability. If we are unable to supply a Product — for example because it is out of stock, no longer available, or because of a pricing or description error (see clause 11) — we will inform you by email and will not process that part of your order. If you have already paid: (a) where the whole order is cancelled, we will refund the full amount including any delivery charge; (b) where only part of the order is cancelled, we will refund the price of the unavailable Product(s), and the delivery charge will only be refunded if no part of the order is dispatched. In-stock items will be dispatched as normal.
6.5 We reserve the right to refuse or cancel any order prior to dispatch, acting reasonably — including where we suspect fraud, promotional abuse, re-sale activity, or where an order breaches these Terms. If we cancel and you have paid, you will receive a refund.

7. Our Right to Vary These Terms
7.1 We amend these Terms from time to time. Every time you order, the Terms in force at the time of your order apply to that Contract.
7.2 If we have to revise these Terms as they apply to an existing order (for example to reflect changes in law or regulatory requirements), we will give you reasonable advance notice and let you know how to cancel if you are not happy with the changes. If you cancel on this basis, you must return (at our cost) any affected Products already received, and we will refund the price paid including delivery charges.

8. Your Right of Cancellation (Consumers)
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out in clause 8.3. This means that if you change your mind or decide for any other reason that you do not want a Product, you can notify us and receive a refund. Advice about this right is available from Citizens Advice or Trading Standards.
8.2 This cancellation right does not apply to: (a) sealed goods which are not suitable for return for health or hygiene reasons once unsealed after delivery — including pierced earrings, opened cosmetics and fragrances, quilts, duvets and pillows with opened packaging, and underwear, hosiery, control wear and swimwear where hygiene strips, seals or tags have been removed; (b) sealed audio, video or software products once unsealed; (c) perishable goods including confectionery; (d) Products made to your specification or personalised; (e) Products which become mixed inseparably with other items after delivery. These exclusions do not affect your rights in respect of faulty goods (clause 12).
8.3 Cancellation period: your right to cancel starts on the date of the Dispatch Confirmation and ends 14 days after the day you (or a person you nominate) receive the Products. Where an order is delivered in multiple instalments, the period ends 14 days after the day you receive the last instalment.

9. How to Cancel, Returns and Refunds
9.1 To cancel, notify us via the Help Centre within the cancellation period, quoting your order number. You must then return the Products to us within 14 days of telling us you wish to cancel, following the process in our Refund & Returns Policy (including obtaining return authorisation and the correct return address).
9.2 Unless the Products are faulty or not as described, you are responsible for the cost and risk of returning them. We recommend a tracked service; if a return is lost in transit and you cannot provide valid proof of postage, we cannot refund it.
9.3 We will refund you the price paid for the Products, and (where you cancel the whole order) delivery charges up to the cost of our cheapest standard delivery option. We may reduce your refund to reflect any diminution in value of the Products caused by handling beyond what is necessary to establish their nature, characteristics and functioning, as set out in our Refund & Returns Policy.
9.4 Refunds are made within 14 days of the day we receive the Products back (or, if earlier, the day you provide evidence of having sent them), using the same payment method you used, and only to that payment method.

10. Delivery
10.1 Delivery is as set out in our Shipping Policy. Estimated delivery dates are estimates only and may be affected by events outside our control (clause 14).
10.2 Delivery is complete when we deliver the Products to the address you gave us (including any safe place or neighbour you nominated with the carrier), and the Products are at your risk from that time. Where the carrier provides evidence of delivery — such as a signature, photograph or GPS record — this will be treated as evidence of delivery.
10.3 You own the Products once we have received payment in full.
10.4 If no one is available to accept delivery and the Products are returned to us by the carrier, we may charge a reasonable re-delivery fee, or cancel the Contract and refund the price paid less our reasonable costs of the failed delivery and return.

11. Price and Payment
11.1 Prices are as quoted on our site at the time you submit your order, include VAT where applicable, and exclude delivery charges, which are shown before you confirm your order.
11.2 We take payment at the time you place your order. If we do not dispatch some or all of the Products, the relevant amount will be refunded under clause 6.4.
11.3 Pricing errors: our site contains a large number of Products and it is possible that, despite our efforts, some are incorrectly priced. Where a Product's correct price is higher than the price stated and the error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we are not obliged to supply the Product at the incorrect price and may cancel the order and refund you in full, even after a Dispatch Confirmation has been sent in error.
11.4 Promotional codes and offers: discount codes are subject to the specific conditions stated with the offer (such as minimum spend, first-order-only, limited quantity such as "first 100 orders", or expiry dates). Unless stated otherwise, only one discount code may be used per order, codes cannot be applied retrospectively or exchanged for cash, and offers cannot be combined. We reserve the right to withdraw a promotion at any time, to cancel orders (with a full refund) where a code has been used outside its conditions, generated in error, obtained or shared without authorisation, or used across multiple accounts to circumvent per-customer limits.

12. Faulty Products
12.1 As a consumer you have legal rights under the Consumer Rights Act 2015 in relation to Products that are faulty, not as described, or not fit for purpose. Nothing in these Terms affects those rights. Our Refund & Returns Policy explains how to report and return a faulty Product; return postage for genuinely faulty Products is at our cost.

13. Our Liability
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence. We are not responsible for loss or damage that is not foreseeable.
13.2 We do not exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by the Consumer Rights Act 2015; or defective products under the Consumer Protection Act 1987.
13.3 We only supply Products for domestic and private use, and we have no liability for any business losses as set out in clause 1.2.

14. Events Outside Our Control
14.1 We are not liable for any failure or delay in performing our obligations caused by an event outside our reasonable control, including strikes, carrier failures, severe weather, epidemics, or failure of public or private telecommunications networks.
14.2 If such an event occurs, we will contact you as soon as reasonably possible, and our obligations will be suspended for its duration. You may cancel an affected Contract for a full refund of undelivered Products.

15. Fraud Prevention and Order Verification
15.1 To protect our customers and our business, we (and our payment providers) may carry out checks on orders, including identity, address and payment verification. We may ask you for additional information or proof of identity before dispatching an order, and may cancel (with a full refund) any order we reasonably suspect to be fraudulent, placed with unauthorised payment details, or in breach of these Terms.
15.2 We record dispatch details (including parcel weights and, where applicable, photographs) and rely on carrier delivery evidence. Where a claim of non-delivery, missing items or a fraudulent chargeback is contradicted by this evidence, we reserve the right to contest the claim, refuse future orders and, where appropriate, refer the matter to the police or Action Fraud.

16. Communications
16.1 When we refer to "in writing" in these Terms, this includes email. Any notice given by you to us, or by us to you, will be deemed received: if emailed, 24 hours after sending; if posted first class, on the second working day after posting.

17. Other Important Terms
17.1 We may transfer our rights and obligations under a Contract to another organisation; this will not affect your rights.
17.2 You may only transfer your rights under these Terms to another person with our written consent.
17.3 This Contract is between you and us; no other person has rights to enforce any of its terms.
17.4 Each paragraph of these Terms operates separately. If any court or authority decides that any of them is unlawful, the remaining paragraphs remain in full force.
17.5 If we do not insist that you perform any of your obligations, or delay in enforcing our rights against you, that does not mean we have waived those rights.

18. Governing Law and Jurisdiction
18.1 These Terms are governed by English law. You and we both agree that the courts of England and Wales have jurisdiction, save that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.